Hari Kishan vs State of Haryana

Ram Chand Gupta, J.—This is an application for regular bail filed u/s 439 of Code of Criminal Procedure in FIR No.370 of 01.10.2011 under Sections 420, 467, 468, 471 of Indian Penal Code, registered at Police Station City Palwal, District Palwal. I have heard learned counsel for the parties and gone through the record.

It has been argued by the learned counsel for the petitioner that petitioner is an illiterate villager and he had only signed the surety bond on the asking of co-accused Daulat Ram who was known to him as he belongs to his village and who has also stood surety for the accused and that no property document was forged by him and rather, document if any must have been filed by any of the co-accused. He has further contended that petitioner has been continuing in custody since 23.11.2011 and trial is not likely to be concluded in near future as no witness has been examined so far.

The fact that no witness has been examined so far has not been disputed by learned counsel for the State on the instructions of ASI Mahender Singh. There is also no dispute that two persons stood surety for the accused including the present petitioner.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Hari Kishan is allowed. Bail to the satisfaction of trial Court at Palwal.